Parents Sue Park City School District Over Covid-19 Testing Requirement

Mar 11, 2021

A pair of Park City parents have filed suit in U.S. District Court against a requirement that their two children have to undergo a mandatory Covid-19 test in order to receive in-person schooling.


The lawsuit was filed on Wednesday, March 10. 


The parents, Holly and Mark McClure, on behalf of their two children, are objecting to an order from the Utah Department of Health that permits local schools to require a test.


They say that the Test to Stay program requires the use of “experimental rapid antigen testing” on children and adolescents who are asymptomatic.


The McClures say the practice is impinging on several rights. They say they should be treated equally concerning access to in-person public education; and they are entitled to due process before the fundamental benefit and right of a public education is withheld.Further, the parents argue they have the right to make medical decisions for their minor children; and they say they should be free of government coercion to allow testing that is “in operation and in effect, contrary to prevailing medical and scientific guidance.”


The lawsuit is naming the Executive Director of the Utah Health Department, Rich Saunders; the State Superintendent of Public Education, Dr. Sydnee Dickson; at Summit County, Health Director Rich Bullough and Health Board Chairman Chris Cherniak; and Park City School District Superintendent Jill Gildea and the five members of the Park City School Board.